CLARK v. QUARTERMAN

No. 05-70008.

457 F.3d 441 (2006)

James Lee CLARK, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 20, 2006.


Attorney(s) appearing for the Case

James A. Rasmussen, Rasmussen Law Office, Wichita Falls, TX, for Clark.

Tomee Morgan Heining, Austin, TX, for Quarterman.

Before DAVIS, GARZA and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

The defendant, James Lee Clark, has filed a successive habeas petition in this case, arguing that the evidence presented to the state courts established that he suffers from significantly sub-average intellectual functioning to the point of mental retardation and thus may not be executed. The district court concluded that the state court did not err in finding that Clark had failed to establish that he had significantly sub-average general intellectual...

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